Interior Enforcement

Interior enforcement of the United States was also discussed by the two bills.  In order to better protect the United States from those who would be detrimental to society and are prone to commit crimes, a number of provisions have been included to make it harder or impossible for those committing crimes to enter the US, stay in the US, or become legal permanent residents of the US.

The Senate’s Comprehensive Immigration Reform Act of 2006 includes the following provisions:

  • Broader definition of “aggravated felony” for both aliens and US citizens who knowingly hire illegal aliens or buy or sell vehicles uses in smuggling aliens
  • Marriage and EB-5 fraud included in definition of “aggravated felony”
  • Asylees convicted of “aggravated felonies” will not be eligible for a waiver to adjust status
  • New and stricter penalties for trafficking in passports, false statements in passports, and misuse of immigration documents.
  • Third drunk driving offense will be considered an aggravated felony
  • Conditions under which expedited removal are permitted are expanded

The House’s Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 also contains many provisions dealing with interior enforcement of the United States, which include:

  • Definition of aggravated felony expanded to include smuggling offenses and illegal entry/reentry crimes with sentences of one year or greater.
  • Bars aggravated felons, including refugees and asylees from entry into the US
  • Aliens convicted with three or more drunk driving charges are deportable
  • Illegal presence in the US is a crime
  • Expansion of penalties for marriage and EB-5 fraud
  • Mandatory minimum sentences for aliens who are convicted of reentry after removal
  • Increased penalties and mandatory minimum sentences for those who do not depart when ordered, obstruct their removal, or do not comply with the terms of release pending removal

The provisions in both of these bills dealing with interior enforcement target legal aliens who reside in the United States or those who enter the US illegally.  In order to keep people safe in the United States, there is a desire to minimize crimes and minimize the entry and permanent residency of those aliens that commit these crimes. 

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